In general, you can’t receive New York workers’ compensation benefits for injuries that occur during your normal commute. However, exceptions apply in limited circumstances.
This area of the law can be complicated. Shulman & Hill can evaluate your unique case and help you understand if New York workers’ comp covers your commute.
Understanding New York's “Coming and Going” Rule
Workers’ compensation pays for damages resulting from work-related injuries when they arise “out of and in the course of employment.” That means they occur while the employee is performing job duties from a hazard specific to the job.
Although commuting is necessary to get to your job, it’s generally not considered part of your work duties under New York workers’ compensation law. As a result, New York generally treats commuting as a personal activity rather than an employment-related activity.
This is called the “coming and going” rule. It applies to most employees who travel between
home and a fixed worksite.
When Does Workers' Comp Cover Commuting Injuries?
Here are some potential exceptions in which workers’ comp may cover an employee’s injury that occurs during their commute:
- Special errands: A commuting injury may be covered if it occurs while the employee runs a work errand on the way to or from their fixed worksite. This could include picking up supplies or dropping off paperwork at a client’s office.
- Employer-provided transportation: If an employer provides transportation for employees to commute to and from work, such as a company car, in some instances, workers’ comp may cover any injuries sustained during that transportation.
- Traveling employees: Some employees, such as home health aides and construction workers, travel between job sites throughout their workday. Their injuries may be covered under workers’ comp if they occur during this travel.
- Injuries on employer premises before or after shifts: If an employee is injured on the employer’s premises before or after their scheduled shift, workers’ comp may cover their injuries. For example, this can include car accidents in the parking lot or injuries that occur while entering the workplace.
What Counts as “Work-Related” Travel?
Any travel that an employee is required to do for their job can be considered work related for workers’ comp purposes.
This may include travel to clients’ locations for meetings off-site or travel between job sites for the same employer. It may also include travel that a remote worker must do when their employer instructs them to attend an in-person meeting at company headquarters or visit a field location.
Courts determine whether a commuting injury is work related on a case-by-case basis. The nature of the task, its location, and whether the employer benefits from the employees travel all play a role in the court’s decision.
How To Know if Workers' Comp Covers Your Commute Injury
Consulting with a New York workers’ compensation lawyer is a good first step if you’ve been injured while commuting to work. There’s a lot of gray area in workers’ compensation laws, and an attorney can tell you if you have a case.
Even if your claim may qualify under an exception, insurance companies often dispute commute-related workers’ comp claims due to their complexity. Thorough documentation can prove that your injury is work related. Write down these details while they’re still fresh in your memory:
- Where and when the injury occurred
- What task you were doing at the time of the injury
- Any work equipment or instructions involved in the travel you were performing when you were injured
If the insurance company denied your claim, you may have the right to appeal its workers’ compensation decision. The sooner you reach out for help, the better your odds of successfully fighting back.
Shulman & Hill Can Help You Understand Your Rights
Our firm represents injured New York workers every day. We have a deep understanding of NYC workers’ compensation laws and the exceptions to the coming and going rule. Let us put this experience and knowledge to work for you.
A commuting injury can disrupt your life in profound ways, and you don’t need to handle your claim alone. If you or a loved one was injured while commuting to work, contact us today to schedule a free consultation.
